File Sharing Site’s Legal Claim Is False, FTC Alleges

Contrary to its claims, using software purchased for $24.95 won’t give you free, legal access to music, movies and games.

Instead using the file-sharing programs to download copyrighted materials is illegal, the Federal Trade Commission alleged in a complaint against MP3DownloadCity.com. Based on the FTC complaint, a U.S. District Court judge in California has issued a temporary injunction prohibiting the site from advertising that its programs allow legal copying. The FTC is seeking a permanent ban against the site and that the site pay consumer redress.

The FTC claims that MP3DownloadCity.com and its owner Cashier Myricks Jr., based in Los Angeles, markets and sells a tutorial and referral services that promotes the use of P2P file-sharing software programs to download digital music, movies and computer games. The problem is that MP3DownloadCity.com does not give its customers a license to download and share the copyrighted materials.

The website’s advertisements included such statements as: – “Napster’s Number One Replacement Software is Back!” – “Now you can burn, download MP3’s and make CDs free.” – “Is file sharing Legal-Yes!” – “Today over 220 million users on the internet are sharing music, movies and game files legally. Your membership with MP3DownloadCity is 100% legal.” The FTC alleged that these statements were false and not substantiated at the time they were made. “In fact, using the file-sharing programs in conjunction with Defendant’s service to download copyrighted materials is unlawful,” the complaint states.

Federal Trade Commission v. Cashier Myricks Jr. dba MP3DownloadCity.com, Cause No. CV05-7013, Central Dist. CA, Western Div.